Iraq’s parliament made a sensible decision Monday and gave negotiators another week to write the country’s founding democratic constitution.

Some U.S. officials were disappointed by the delay, but we see hope in the simple fact that the feuding factions haven’t sought short-cuts or given up on the process. In a land wracked by violence and deep ethnic divisions, the commitment to keep talking is itself progress, even if there is no guarantee that constitution writers can strike the compromises necessary to satisfy Iraq’s complicated factions.

The next phase of democracy

In January, Iraqis voted in the country’s first free, fair elections in at least 50 years and set officials on an incredibly complicated task – to craft a national constitution that will satisfy all three of Iraq’s large constituent groups. The Aug. 15 deadline came too soon.

This will be a tense week in which leaders of the new Iraq must determine the shape of their infant democracy. Negotiators so far have failed to resolve key disputes over governance as well as fiscal and social issues that have simmered for eight months.

“We should not be hasty regarding the issues, and the constitution should not be born crippled,” Prime Minister Ibrahim al-Jaafari said. “We are keen to have an early constitution, but the constitution should be completed in all of its items.”

The decision to give the drafters an extra week came during a 15-minute session of Iraq’s parliament. The move technically violated Iraqi law, but it was reasonable or perhaps unavoidable under the circumstances: Shiite and Kurd officials have reached some important understandings, but not enough, and overall they have been unable to bring Sunni officials on board.

A central disagreement involves federalism – that is, the degree of autonomy in regions with ethnic concentrations. Iraqi Kurds want to go so far as to muster their own defense forces and seek an eventual vote on full independence, for example. Sunni representatives so far have opposed the draft provisions of federalism, though such systems have been used successfully to alleviate difficult regional priorities in such countries as Germany and Mexico, among others.

Another ticklish dispute involves oil, with Sunnis seeking to see proceeds go to the central government rather than Shiite or Kurdish provinces where the oil is extracted. Perhaps the western United States can serve as a model, with oil companies paying both state severance taxes and federal royalties.

U.S. influence limited

U.S. influence in these constitutional discussions is limited and in any case must be exerted with great delicacy. Nonetheless, it seems unthinkable for American officials to support a document that deprives women of basic rights. Some key Shiite leaders are pressing to emphasize Islamic law as the constitution’s foundation. The BBC notes that under Sharia law, “women may not receive the same share of inheritance money as men and cannot initiate divorce proceedings. The evidence of a woman in court would count for only half that of a man.”

In a mature democracy, such issues could be settled, but until now Iraq has had no real experience with self-government. Its history instead has been marked by ethnic wars, colonialism and dictatorship. By giving themselves more time to talk, the new leaders of Iraq are working overtime to craft an enduring democracy, and we hope the urgency of the moment will improve the wisdom and durability of the final document.

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